BABY AUGUSTINE Vs. STATE OF KERALA

JUDGEMENT

(1.) The first accused in CC No.161/2008 of the Enquiry Commissioner and Special Judge, Kottayam, aggrieved by his conviction and sentence imposed by the above court for offences punishable under section 13(1)(c) read with section 13 (2) of the Prevention of Corruption Act 1988 and sections 409, 465, 471 and 477A of IPC and section 248 (2) of Cr.P.C., has preferred this appeal.

(2.) The prosecution allegation is that, the petitioner, while working as a senior assistant Grade- II, Thodupuzha Depot,of the Kerala State Civil Supplies Corporation Ltd. during the period from 1-4-1998 to 12/8/1999, misappropriated 48 quintals of sugar from the depot . Petitioner herein was the custodian of the sugar during the above period. The prosecution alleged that the first accused falsified the accounts and used it as genuine for committing the misappropriation of sugar valued at Rs.1,41,600/-. The allegation against the second accused, who was the Assistant Manager(Administration) of the above depot during the relevant period, was that she, by her inaction and illegal omission in verifying the stock records, aided the first accused in committing the misappropriation. The third accused who had succeeded the first accused and took charge on 16/7/1999 did not conduct physical stock verification and continued to sell sugar from the stock and thereby allegedly aided in suppressing the misdeeds committed by the first accused.

(3.) On the basis of the complaint, crime was registered and PW10, the Deputy Superintendent of Police, Vigilance and Anti Corruption Bureau conducted investigation. After completion of the investigation, he laid the charge sheet against all the three accused. They appeared before the court below and pleaded not guilty.